Avail terms and conditions

Fuelmate Agreement for the Avail Driver Hire Scheme

Terms and Conditions

This document, together with the Application, outlines the terms and conditions of use of the Fuelmate digital accounts for Avail issued by Fuelmate Limited. It also constitutes the related contract between the Customer and the Company.

Any queries regarding this Agreement should be addressed to Customer Services using the contact details in section 27 of this Agreement.

This Agreement does not apply to use of the App. In order to access and use the App the Customer and/or Permitted Users will be required to agree to Avail’s App terms and conditions.

All Customers must be a legally incorporated organisation (e.g. a private limited company or public limited company) acting within the ordinary course of business, registered and incorporated in the United Kingdom.

If the Customer is a Permitted User it will also comply with the User Terms.

1. DEFINITIONS
Agreement –The binding contract between the Company and the Customer governing the operation of the Customer’s Fuelmate account for Avail and the use of the Digital ID, which incorporates these Terms and Conditions together with the Application and any additional terms agreed between the parties in writing.

App – The “Avail” Android or iOS application that is available to download via the Apple store or Google Play. The Customer and Permitted Users will need the App to purchase the Services and to manage their Digital ID account.

Application – The online, telephone or paper application completed and submitted by the Customer, to which these Terms and Conditions are incorporated.

Avail – Avail Technologies Limited, company number 11402909, whose registered office is at C4di @Thedock, 31-38 Queen Street, Hull, England, HU1 1UU.

Available Balance –The spending limit allocated to the Digital ID at the given time, which is linked to the balance of the Customer’s related credit limit allocated by the Company to the Customer and is subject to section 6.9.

Business Day – means any day between and including Monday to Friday, between 9am to 5:30pm Greenwich Mean Time (GMT) except for bank or public holidays in the UK.

Company – Fuelmate Limited, company number 6553782 whose registered office is at Witham House, 45 Spyvee Street, Hull, HU8 7JR and its authorised affiliates or subsidiaries.

Customer – the organisation that is a party to this Agreement and who is specified in the Application and in whose name the account relating to the Digital ID is to be held.

Customer Services – The contact centre for dealing with queries about Digital IDs. Contact details for Customer Services can be found in section 27.

Data Protection Legislation – means the General Data Protection Regulation, the Data Protection Act 2018 and any other applicable legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data.

Digital ID – The virtual Fuelamte digital payment ID for Avail issued to the Customer under this Agreement and made available to Permitted Users through the App, which can be used to obtain the Services from Avail.

Lost and Stolen – The process of reporting a device containing or used to access Digital ID details as being lost or stolen 24 hours a day every day of the week via the App or lost/stolen telephone line.

Permitted User – Any person whom the Customer has authorised to use the Digital ID via the App on the Customer’s behalf.

Services – The haulier services which the Company may agree from time to time may be purchased with the Digital ID from Avail.

Transaction – a sale of Services completed by the Customer or a Permitted User using a Digital ID.

User Terms – any terms and conditions entered into by the Permitted User and the Company governing the Permitted User’s use of the Digital ID.

2. Acceptance and Scope of this Agreement

2.1 All Applications for the issue of Digital IDs shall be accepted at the absolute discretion of the Company and shall be subject to these Terms and Conditions.

2.2 The Customer’s submission of a completed Application shall be deemed to be an offer by the Customer to open an account with the Company subject to these Terms and Conditions and to enter into an Agreement.

2.3 No binding agreement is created between the Company and the Customer until the Company notifies the Customer of the creation of the Customer’s account in writing. All prior correspondence or oral communications are to be regarded as superseded and not forming part of this Agreement.

2.4 Submission of the Application and/or use of a Digital ID by the Customer or Permitted User constitutes acceptance of these Terms and Conditions by the Customer, which will apply to the exclusion of all terms and conditions proposed or stipulated by the Customer and any literature setting out the use of the Digital ID provided by the Company.

2.5 All drawings, brochures, descriptive matter, price lists or advertisements howsoever supplied are approximate only and intended for general guidance and information purposes only and shall not form part of this Agreement. The parties hereby acknowledge and confirm that they have not entered into this Agreement in reliance upon any representation or warranty or other undertaking not fully reflected in the terms of this Agreement.

2.6 The Customer acknowledges that it has not relied on any statement, promise, or representation made or given by or on behalf of the Company or Avail which is not set out in this Agreement. Nothing in this section 2.6 shall exclude or limit the Company’s liability for fraudulent misrepresentation.

2.7 The Customer may authorise such Permitted Users to use the Digital ID via the App as the Customer may determine as a means for those Permitted Users to purchase Services in connection with the Customer’s business. The Customer shall be responsible for ensuring that the only persons who use a Digital ID are those persons whom have been specifically authorised as Permitted Users by the Customer (and the Company shall not be liable for the use of the Digital ID by any person not so authorised except where such unauthorised use was as a direct result of the Company’s breach of this Agreement or negligence).

2.8 The authorisation by the Customer for a Permitted User to use a Digital ID shall be deemed as the Customer giving such Permitted User authority to use the Digital ID to purchase Services from Avail as a duly authorised representative of the Customer. The Digital ID is issued for use by the Customer’s Permitted User(s) on behalf of the Customer only. The Company reserves the right to cancel the use of a Digital ID if the Company discovers that any person who is not a Permitted User has used the Digital ID with or without the Customer’s consent.

2.9 The Customer shall provide to the Company, upon request from time to time, with a list of the Customer’s Permitted Users.

2.10 The Customer’s rights and obligations relating to the use of the Digital ID provided are subject to this Agreement. If the Customer or any Permitted User experiences any difficulties in using the Digital ID, they should contact Customer Services, see section 27 for details.

2.11 The Customer shall ensure that each Permitted User complies with these Terms and Conditions and any User Terms as notified to the Customer from time to time. The Customer shall comply with the User Terms where the Customer is also a Permitted User.

2.12 The Customer shall ensure that access and authority to use the Digital ID is immediately removed in respect of any person who has ceased to be a Permitted User such as ex employees.

2.13 The Company reserves the right to change any credit limit agreed with the Customer at any time by notice in writing to the Customer.

3. Receiving a Digital ID

3.1 If an Application is accepted by the Company and an Agreement is formed, the Digital ID will be made available to the Customer electronically via the App.

3.2 To be provided with access to, and to use, the Digital ID, each Permitted User must be at least 18 years old and a UK resident.

3.3 The Company may require the Customer to provide evidence of who each Permitted User is and of their address before arranging for the issue of the Digital ID. The Company reserves the right from time to time to ask for, and the Customer shall provide, such additional documentary evidence as the Company may reasonably require in order to satisfy itself of the identity of each Permitted User and/or the Company may carry out such checks electronically or by other lawful means. 

4. Activating a Digital ID

No Digital ID will be valid until the Company has set up an account for its Permitted User(s) and a Permitted User has downloaded the App and created the Customer’s App account by entering their name, email address, mobile number and username and password that has been provided to the Customer or Permitted User by Avail.

5. Payment

5.1 There is no balance of funds held separately in respect of a Digital ID. Transactions will be funded by the Company. The Customer shall retrospectively reimburse the Company for the Transactions made by the Customer and/or Permitted Users in accordance with the payment terms set out in the Application.

5.2 If the Customer fails to pay the Company any amounts payable to the Company on the due date for payment, the Customer shall be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 8% above the base lending rate from time to time of the Bank of England, accruing on a daily basis until payment is made, whether before or after any judgment.

5.3 The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

5.4 All payments by the Customer or any credits or refunds due to the Customer will be applied first in settlement of any interest owed to the Company by the Customer and secondly in reduction of the Customer’s other indebtedness to the Company. No claim by any Customer or Permitted User against Avail or the Company shall entitle the Customer to set off or counterclaim against the amounts due to the Company.

5.5 Funds cannot be loaded by a Permitted User or accepted from any other source than those stated in section 5.1.

6. Using a Digital ID

6.1 The Digital ID can be used by the Customer and any Permitted Users to pay for Services from Avail using the App. Digital IDs shall not be used as a basis for cheque guarantee or for other similar use. The Customer undertakes not to factor any debts to a third party without the Company’s written agreement.

6.2 The Digital ID is issued purely as a convenience to the Customer and the issue of or giving of authorisation to use the Digital ID to the Customer or Permitted User (as the case may be) shall not confer any right or entitlement upon the Customer or any Permitted User to receive supplies of Services from the Company or any person on their behalf.

6.3 The Digital ID remains the responsibility of the Customer at all times and the Customer:

6.3.1 shall ensure that the Digital ID is only used to obtain Services of a specified nature from Avail;

6.3.2 shall not exceed any maximum Digital ID Transaction limits notified to the Customer by the Company in writing from time to time;

6.3.3 shall advise each Permitted User of any restrictions and limits that apply to the Digital ID.

6.4 The Customer or Permitted User can change their username and password at any time through the App.

6.5 The Digital ID can only be used to purchase Services from Avail and not for any other purpose. For the avoidance of doubt, the Digital ID cannot be used:

6.5.1 if any related Digital ID access device has been reported as lost or stolen;

6.5.2 if it has expired or been stopped or cancelled during any applicable period of validity;

6.5.3 to obtain any products and services other than those authorised in accordance with this Agreement; or

6.5.4 to obtain products and/or services from any retailer other than Avail.

6.6 A Digital ID cannot be used in situations where it is not possible for Avail to obtain online authorisation even if the Customer has an Available Balance which is sufficient for the transaction.

6.7 A Digital ID cannot be used for purchases that are greater than the Available Balance allocated to that Digital ID. If the relevant Permitted User attempts to do so, the transaction will be declined.

6.8 If the Customer or Permitted User commences a purchase and then changes their mind and fails to make the purchase, after Avail has already obtained an “authorisation” for the transaction, the “authorisation” may result in a temporary hold for that amount of funds for up to ten (10) days. 

6.9 Any applicable Transaction amounts, fees and charges will be deducted from the Available Balance as they are incurred until such time as they are repaid in accordance with this Agreement. If there is no Available Balance of funds, or charges exceed the Available Balance and/or the Digital ID account goes into a negative balance, the Company will notify the Customer and require the Customer to repay the balance in the time and manner requested by the Company. The Company reserves the right to take all steps necessary, including legal action, to recover any monies outstanding.

6.10 In the unlikely event, for any reason whatsoever, a Transaction is completed which: (i) takes the Customer outside the credit limit agreed by the Company with that Customer as set out in the Application; or (ii) takes the Customer or Permitted User outside the Available Balance (in each case, a “Shortfall”), the Shortfall shall be reimbursed by the Customer, save that where the Shortfall is due to an error on the part of Avail, the Company may (but shall not be obliged) to seek the Shortfall from Avail. The Customer agrees the Company may invoice the Customer for the Shortfall amount as soon as the Company is made aware of the Shortfall and such invoice shall be payable by the Customer immediately on receipt. The Company may recover the amount of the Shortfall from any other products issued by the Company that the Customer holds with the Company, or using any other payment method that the Customer may designate at that time. Until the Company is reimbursed the Shortfall amount, the Company may suspend the Customer’s Digital ID. 

6.11 The Company cannot guarantee that Avail will accept the Digital ID. An attempted transaction may also be refused: 

6.11.1 If the Company is concerned about the security of the Digital ID or suspects the Digital ID is being used in an unauthorised or fraudulent manner;

6.11.2 The Available Balance is insufficient at the time of the attempted transaction in each case to cover the amount of the attempted transaction and any applicable fees and charges; 

6.11.3 If there is an outstanding Shortfall in accordance with section 6.10; 

6.11.4 If any invoices payable to the Company have not been paid by the Customer in accordance with the payment terms previously agreed by the Company with the Customer;

6.11.5 If the Company has reasonable grounds to believe that the Customer or any Permitted User is acting in breach of this Agreement or the User Terms;

6.11.6 If the Company believes that a transaction made or attempted is potentially suspicious or illegal (for example, if the Company believes that a transaction is being made fraudulently); or 

6.11.7 Because of errors, failures (whether mechanical or otherwise) or refusals by Avail, payment processors or payment schemes processing transactions.

6.12 If an attempted transaction is refused, the Company will, if practicable, tell the Customer why unless it would be unlawful for the Company to do so. The Customer may correct any information the Customer holds and which may have caused an attempted transaction to be refused by contacting Customer Services.

6.13 The Company may at any time suspend, restrict or cancel the use of a Digital ID or refuse to issue or replace a Digital ID for reasons relating to the following: 

6.13.1 the Company is concerned about the security of a Digital ID that has been issued to the Customer;

6.13.2 the Company suspects that the Digital ID is being used in an unauthorised or fraudulent manner; or

6.13.3 the Company needs to do so to comply with the law. 

The Company will inform the Customer where the Company has taken steps pursuant to this section 6.13 as soon as it can where permitted to do so.

6.14 The right is reserved by the Company to unilaterally withdraw at any time any entitlement to purchase the Services to which the Digital ID can be used and to issue to the Customer a new Digital ID indicating the appropriate Services in replacement of the previous Digital ID.

6.15 Avail may refuse to accept a Digital ID which is not being used in accordance with the restrictions placed on the Digital ID.

7. Authorising Transactions

7.1 The Customer agrees that any use of a Digital ID, details associated with a Digital ID or any related username and password for any Transaction constitutes the Customer’s authorisation and consent to that Transaction and the Customer is liable to pay for such Transaction.

7.2 The time of receipt of a Transaction order is when it is received by the Company’s payment processor. If a Transaction order is received after 5pm on any Business Day, then it will be deemed to have been received on the next Business Day. If receipt does not fall on a Business Day, then it will be deemed to have been received on the next Business Day.

7.3 The Customer cannot stop a Transaction after it has been transmitted to the Company’s payment processor.

7.4 The Company may refuse a transaction or may suspend or terminate the right to access the Customer’s account with the Company. The Company may do this if the relevant phone or computer link is busy. The Company may also do this if:

7.4.1 an attempted transaction might take the Customer over the credit limit agreed between the Company and the Customer; or

7.4.2 an attempted transaction might take the Customer over the spending limit of the Customer’s Available Balance; or

7.4.3 an attempted transaction might take the Permitted User or the Customer over any limit or restriction imposed on the Digital ID; or

7.4.4 the Company reasonably believes that it needs to do so to keep to the rules of the payment system under which the Digital ID is issued; or

7.4.5 the Company reasonably believes that there are needs to do so to comply with any law or as a matter of good practice.

8. Disputes with Avail 

8.1 Any disputes about purchases made using a Digital ID should be settled with Avail.

8.2 The Company is not responsible for the quality, safety, legality or any other aspect of any Services purchased with a Digital ID. Once the Customer and/or the Permitted User has used a Digital ID to make a purchase the Company cannot stop that Transaction. 

8.3 The Company cannot give any warranty that all or any of the Services will be available to purchase from Avail.

9. Checking Transactions

9.1 In order to view Transactions, the Customer must login to the Company’s account portal. The Company will not issue monthly statements by email to the Customer.

9.2 If the Customer or a Permitted User requires the Transaction history, please contact Customer Service who may be able to provide this, see section 27 for contact details.

10. Digital ID Expiry 

Unless otherwise agreed, access to the Digital ID will expire on the termination of this Agreement.

11. Liability and Indemnity 

11.1 Subject to the other provisions of these Terms and Conditions, the provisions of this section 11 set out the entire financial liability of the Company.

11.2 Nothing in these Terms and Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or for fraud or fraudulent misrepresentation.

11.3 Subject to section 11.2:

11.3.1 the Company’s total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to £100,000 or the credit limit agreed with the Customer (whichever is higher); and

11.3.2 the Company shall not be liable to the Customer for:

(a) any pure economic loss, loss of profit, loss business, business interruption, loss of revenue, depletion of goodwill, opportunity or anticipated savings, in each case whether direct, indirect or consequential or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this Agreement;

(b) any outcome which results from circumstances beyond the Company’s control or consequences which would have been unavoidable despite the Company’s efforts to the contrary, including the failure of data processing systems;

(c) Avail refusing to accept a Digital ID;

  (d) the Company’s compliance with legal and regulatory requirements; or
(e) loss or corruption of data unless caused by the Company’s wilful default.

11.4 Subject to section 11.2, the Company accepts no liability and gives no warranty, express or implied, whether arising by common law or statute under this Agreement in relation to any Services supplied to the Customer or any Permitted User as a result of the use of the Digital ID and the Company’s only liability is in relation to the Digital ID itself.

11.5 The Company reserves the right to charge the Customer for any reasonable costs incurred by the Company in taking action to stop the Customer or any Permitted User using the Digital ID and to recover any monies owed as a result of the Company or any Permitted User’s activities. 

11.6 Subject to the provisions of this Agreement, the Customer shall be liable for all purchases made using the Digital ID.

11.7 The Customer shall be solely responsible for the security of any Digital ID issued to it and for its correct use in accordance with this Agreement, whether by the Permitted User or by the Customer.

11.8 It is the Customer’s responsibility to prevent fraudulent use of the Digital ID.

11.9 The Customer undertakes to indemnify the Company from and against all losses, claims, demands, expenses or costs which the Company suffers or incurs as a result of or in connection with the use of the Digital ID by a person other than the Customer or Permitted User.

11.10 The indemnity in section 11.9 shall survive the expiry or early termination of this Agreement.

12. Redemption

Neither the Customer nor any Permitted User can redeem the funds linked to a Digital ID save as set out in this Agreement.

13. Refunding Transactions 

13.1 The Customer may be entitled to claim a refund from the Company in relation to Transactions where:

13.1.1The Transaction was not authorised under this Agreement; or
13.1.2 The Company was responsible for a Transaction which was incorrectly executed and such Transaction was notified to the Company in accordance with sections 13.2 and 14 below.

13.2 No claim for a refund in the circumstances set out above will be accepted by the Company if the Company was not notified of the unauthorised/incorrectly executed Transaction within 13 months of the debit date.

14. Unauthorised & incorrectly executed payments 

14.1 The Customer may be entitled to a refund from the Company in respect of any incorrectly executed Transaction unless the Company has any reason to believe that the incident has been caused by a breach of this Agreement by the Customer, gross negligence of the Customer or the Company has reasonable grounds to suspect fraudulent activity. 

14.2 If the investigations show that any disputed Transaction was authorised by the Customer or arose as a result of the Customer’s breach of this Agreement, or the Customer has acted fraudulently or with gross negligence, the Customer will be liable for any loss suffered by the Company because of the use of the Digital ID.

14.3 The Customer should check the Transactions made using the Digital ID regularly and carefully.  Once a Transaction has been made it cannot be recovered. The Customer should tell the Company immediately by contacting Customer Services at any time if there is a Transaction the Customer does not recognise or if the Customer thinks the Company has sent a payment incorrectly.

14.4 If the Permitted User, or the Customer acting on the Permitted User’s behalf, disputes that the Customer or any Permitted User carried out a Transaction, the Company will expect the Customer to, and to procure the Permitted User to, co-operate with the Company and the police in any investigations. The Customer and/or the Company may give the police any information the Company considers relevant, to enable them to carry out investigations.

15. Keeping the Digital ID Secure 

15.1 The Customer and each Permitted User must keep any device on which the Digital ID is accessed or stored, their username, password and all other App log-in details safe. The Customer shall ensure that it and its Permitted Users:

15.1.1 do not allow anyone else to use their App or the Digital ID;

15.1.2 do not reveal their username and/or password and never write down their username and/or password(s), or any security information (including all other App log-in details) unless it is done in a way that would make it impossible for anyone else to recognise any of that information;

15.1.3 only release the Digital ID, details associated with a Digital ID or username and password to make (or try to make) a Transaction.

15.2 The Customer shall be liable for all transactions made using a Digital ID by a third party who has obtained any Permitted User’s username and password or the electronic details for that Digital ID or who has obtained any other details regarding the Digital ID.

16. Lost and Stolen

If any device on which a Digital ID is stored or accessed is lost or stolen (including constructive theft as a result of any person in possession of a device containing or used to access a Digital ID having ceased to be a Permitted User through termination of employment or otherwise), mislaid, damaged, fraudulently used or reproduced or subject to other similar circumstances or not received by the Customer when due, the Customer must immediately notify the Company of such event by reporting it lost/stolen in the App or by calling the 24-hour lost and stolen helpline on 0203 409 2523 so the Digital ID can be blocked. 

17. Customer and Permitted User Details

17.1 The Customer will provide the Company with personal data in connection with the Digital ID. It is necessary for the Company to process certain personal data to provide the Customer with the Digital ID and services under this Agreement. The Customer shall, or shall procure that the Permitted User shall, notify the Company immediately if the Customer or any Permitted User changes their name, address, phone number or e-mail address by updating their details in the App.

17.2 If the Company discovers that the information it holds about the Customer or any Permitted User is incorrect, the Company reserves the right to suspend or cancel the Digital ID until the Company can establish the correct information.

17.3 Contacting the Customer in an emergency – the Company may need to contact the Customer or any Permitted User urgently if the Company suspects or finds fraudulent activity has occurred in connection with a Digital ID (provided the Company is not prohibited from doing so by law) or if the Company suffers a security threat. To do so, the Company may (for example) send a text message instead of calling or emailing the Customer or Permitted User, if the Company thinks that this is the quickest way to contact the Customer or Permitted User. When the Company contacts the Customer or Permitted User, the Company will also give the Customer or Permitted User information on how to minimise any risk to the Digital ID depending on the nature of the security threat. The Company will use the same contact details which the Customer or the Permitted User have already provided the Company with when contacting the Customer or Permitted User.

18. Data Protection 

18.1 The Company will comply with Data Protection Legislation and will process any Customer and Permitted User’s personal data in accordance with the Company’s Privacy Policy. The Company’s Privacy Policy is accessible on the Company’s website at www.fuelmate.co.uk or such other website address or source as the Company notifies the Customer of in writing from time to time.

18.2 The Company and its affiliates are committed to maintaining personal data in accordance with the requirements of Data Protection Legislation and will take all reasonable steps to ensure that personal data is kept secure against unauthorised access, loss, disclosure or destruction. Except as required by law, or in accordance with these Terms and Conditions or the Company’s Privacy Policy, personal data will not be passed to anyone without the data subject’s permission.

19. Amendment and Termination/Cancellation 

19.1 The Customer has a legal right to cancel the Digital ID up to 14 days after registering their Digital ID without being charged a redemption fee.

19.2 The Company may change these Terms and Conditions at any time by notifying the Customer by email or other agreed means at least two (2) months before the change is due to take effect.

19.3 Unless otherwise agreed in writing, the Agreement may be terminated by either party at any time for any reason with immediate effect by giving the other party written notice.

19.4 The Agreement may be terminated with immediate effect by the Company in the event that the Customer ceases or threatens to cease trading, enters into liquidation (whether voluntary or compulsory), has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, a bankruptcy order is made against the Customer or the Customer makes an arrangement or composition with its creditors or any proceedings are commenced relating to the insolvency or bankruptcy or possible insolvency or bankruptcy of the Customer. 

19.5 The Company may terminate this Agreement and/or suspend the Digital ID immediately if it believes that the Digital ID is deliberately being used by the Customer or a Permitted User to commit fraud or for other illegal purposes. If the Company does this the Company will tell the Customer where it is permitted to do so.  The Customer will not be entitled to a refund of money it has already spent on Transactions authorised, or pending or any fees for use of the Digital ID before the Digital ID is cancelled or expires. 

19.6 The Company will stop or cancel the Digital ID on the Customer’s request.

19.7 In the event of termination, cancellation or stoppage:

19.7.1 any Shortfall shall become due and payable in full on demand in cleared funds to the Company;

19.7.2 the Company shall invoice the Customer for any Transactions made using the Digital ID which have not previously been invoiced to the Customer, and the Customer shall pay such invoice on demand;

19.7.3 the Company will deactivate the Digital ID; and

19.7.4 the Customer must stop using the Digital ID and must ensure that all Permitted Users cease using the Digital ID. If the Customer or any Permitted User uses or attempts to use the Digital ID after cancellation, stoppage or termination the Company may make an administration charge, which will be payable by the Customer on demand.

19.8 Notwithstanding any other provisions of the Agreement, the Customer will remain liable in respect of any Transactions made with the Digital ID after its cancellation or after termination of the Agreement.

19.9 The termination of the Agreement, howsoever arising, shall be without prejudice to the rights and duties of the Company accrued prior to termination. The Terms and Conditions which expressly or impliedly have effect after termination shall continue to be enforceable notwithstanding termination.

20. Fees and Limits

The fees, limits and restrictions that apply to the use of the Digital ID are set out below. The Company may vary the fees, limits and restrictions from time to time by giving notice in writing to the Customer.

21. Communication

21.1 For general enquiries and complaints relating to Digital IDs, the Customer should contact Customer Services using one of the methods described in section 27.

21.2 All other communications between the parties about this Agreement shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or email:

21.2.1 (in the case of communications to the Company) to its registered office or such changed address as shall be notified to the Customer or in the case of faxes or e-mail to the fax number of e-mail address notified to the Customer by the Company from time to time; or

21.2.2 (in the case of communications to the Customer) to the registered office of the Customer (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of this Agreement or such other address as shall be notified to the Company by the Customer or in the case of faxes or e-mail to the fax number or e-mail address notified to the Company by the Customer from time to time.

21.3 Communications shall be deemed to have been received:

21.3.1 if sent by pre-paid first class post, two Business Days after posting (exclusive of the Business Day of posting); or

21.3.2 if delivered by hand, on the Business Day of delivery; or

21.3.3 if sent by fax or e-mail on a Business Day prior to 4.00pm, at the time of transmission and otherwise on the next Business Day.

21.4 Communications addressed to the Company shall be marked for the attention of a servicing director or Company Secretary of the Company.

22. Complaints

Complaints should be addressed to the Company’s Customer Services, see section 27. The Company has procedures in place to make sure that it handles complaints fairly and quickly: the Company will acknowledge any complaint within three (3) Business Days. The Company will try to resolve any complaints the Customer has about its Digital ID or the services provided by the Company within 15 Business Days of receiving the complaint and in exceptional circumstances, within 35 Business Days (and the Company will let the Customer know if this is the case).

23. Assignment 

23.1 The Company may assign this Agreement or any part of it to any person, firm or company.

23.2 The Customer shall not be entitled to assign this Agreement or any part of it without the prior written consent of the Company. 

24. Transfer to a new Digital ID

The Company may transfer any Digital ID accounts issued to the Customer to a new account at any time. Before the Company does this, it will give the Customer not less than two months’ notice of the new account arrangements and any new account terms and conditions. Unless the Customer advises the Company within the two month period that the Customer does not want the new account, the Customer agrees that the Company can automatically transfer the Customer’s Digital ID to the related new account. 

25. Governing Law 

The formation, existence, construction, performance, validity and all aspects of this Agreement will be construed in accordance with English law and the parties submit to the non-exclusive jurisdiction of the English courts. 

26. Compensation 

No compensation scheme exists to cover losses claimed in connection with the Digital ID.

27. Customer Services

The Customer can contact the Company’s customer support team via the following methods:

Fuelmate Customer Services

Email: enquiries@fuelmate.co.uk

Phone: 0800 158 3582

Post: Fuelmate Limited, Witham House, 45 Spyvee Street, Hull, HU8 7JR

28. Force Majeure

If the performance of this Agreement by the Company shall be prevented or delayed by any circumstances or conditions beyond the reasonable control of the Company (including without limitation, fire, flood, war, acts of terrorism, acts of God, government actions, strikes, lock outs, fuel shortages and any error or other failure of or affecting the Company’s payment processor or Avail), the Company shall have the right at its option: (a) to suspend further performance of the Agreement until such time as such circumstances or conditions are no longer present; or (b) to be discharged from further performance of and liability under this Agreement.

29. General

29.1 Each right or remedy of the Company under this Agreement is without prejudice to any other right or remedy of the Company whether under this Agreement or not.

29.2 If any provision of this Agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of this Agreement and the remainder of such provision shall continue in full force and effect.

29.3 Failure or delay by the Company in enforcing or partially enforcing any provision of this Agreement shall not be construed as a waiver of any of its rights under this Agreement.

29.4 Any waiver by the Company of any breach of, or any default under, any provision of this Agreement by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of this Agreement.

29.5 The parties to this Agreement do not intend that any term of this Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

29.6 The Company reserves the right to sub-contract the fulfilment of this Agreement or any part thereof.

29.7 The Customer shall forthwith notify the Company in writing of any changes in the Customer’s name, address, bank details, or any change of control of the Customer, including any change of legal entity.

April 2020.